Patna High CourtCR. MISC./6060/2015bail granted

Md. Tabrej And ANR. v. The State Of Bihar

2015-02-13Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.6060 of 2015 (2) dt.13-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6060 of 2015 Arising Out of PS.Case No. -169 Year- 2014 Thana -BIHARIGANJ District- MADHEPURA ======================================================

1. Md. Tabrej son of Md. Rafik

2. Md. Sahid son of Tahir Both residents of village - Hathiondha Barhaiya Police Station - Bihariganj, District Madhepura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s Mr. Subhash Chandra Mishra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 13.02.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Petitioners apprehend their arrest in connection with Bihariganj P. S. case no. 169/2014 registered under sections 147, 148, 149, 341, 323, 324, 427, 353, 504 of the IPC. The accusation against these petitioners is that they along with several others created unruly situation in a hospital when a woman died in course of her treatment. Furthermore, petitioners and their other associates also pelted stones causing injury to the informant and some others.

The contention on behalf of the petitioners is that no specific overt-act has been attributed against these petitioners and, as a matter of fact, petitioners had gone to the place of occurrence having heard noise but unfortunately, they have been made accused in this

Patna High Court Cr.Misc. No.6060 of 2015 (2) dt.13-02-2015 case.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the above named petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura in Bihariganj P. S. case no. 169/2014 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T